Florida Senate - 2017 CS for SB 1224 By the Committee on Military and Veterans Affairs, Space, and Domestic Security; and Senator Passidomo 583-02711-17 20171224c1 1 A bill to be entitled 2 An act relating to public records and public meetings; 3 creating s. 1004.0962, F.S.; defining terms; providing 4 an exemption from public records requirements for a 5 public postsecondary educational institution’s campus 6 emergency response plan when held by specified 7 custodial agencies; providing for retroactive 8 application; authorizing disclosure of exempt 9 information under specified circumstances; providing 10 an exemption from public meetings requirements for any 11 portion of a public meeting at which certain 12 components of a campus emergency response plan are 13 discussed; providing for future legislative review and 14 repeal of the exemptions; providing a statement of 15 public necessity; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 1004.0962, Florida Statutes, is created 20 to read: 21 1004.0962 Campus emergency response of a public 22 postsecondary educational institution; public records exemption; 23 public meetings exemption.— 24 (1) As used in this section, the term: 25 (a) “Campus emergency response” means a public 26 postsecondary educational institution’s response to an act of 27 terrorism, as defined in s. 775.30, or other public safety 28 crisis or emergency. 29 (b) “Campus emergency response plan” means a plan 30 addressing a campus emergency response which includes 31 information relating to: 32 1. Records, information, photographs, audio and visual 33 presentations, schematic diagrams, surveys, recommendations, or 34 consultations or portions thereof; 35 2. Threat assessments conducted by any agency or private 36 entity; 37 3. Threat response plans; 38 4. Emergency evacuation plans; 39 5. Sheltering arrangements; 40 6. Manuals for security personnel, emergency equipment, or 41 security training; 42 7. Security systems or plans; 43 8. Vulnerability analyses; 44 9. Postdisaster activities, including provisions for 45 emergency power, communications, food, and water; 46 10. Postdisaster transportation; 47 11. Supplies, including drug caches; 48 12. Staffing; 49 13. Emergency equipment; or 50 14. Individual identification of students, faculty, and 51 staff; the transfer of records; and methods of responding to 52 family inquiries. 53 (c) “Custodial agency” includes: 54 1. A public postsecondary institution; 55 2. A state or local law enforcement agency; 56 3. A county or municipal emergency management agency; 57 4. The Executive Office of the Governor; 58 5. The Department of Education; 59 6. The Board of Governors of the State University system; 60 and 61 7. The Division of Emergency Management. 62 (2) Any portion of a campus emergency response plan 63 addressing the items described in subparagraphs (1)(b)1.-14. 64 held by a custodial agency is exempt from s. 119.07(1) and s. 65 24(a), Art. I of the State Constitution. 66 (3) The public records exemption provided by this section 67 is remedial in nature, and it is the intent of the Legislature 68 that the exemption apply to portions of campus emergency 69 response plans addressing the items described in subparagraphs 70 (1)(b)1.-14. held by a custodial agency before, on, or after the 71 effective date of this section. 72 (4) Information made exempt by this section may be 73 disclosed: 74 (a) To another governmental entity if disclosure is 75 necessary for the receiving entity to perform its duties and 76 responsibilities; or 77 (b) Upon showing of good cause before a court of competent 78 jurisdiction. 79 (5) Any portion of a public meeting which would reveal 80 information related to a campus emergency response plan is 81 exempt from s. 286.011 and s. 24(b), Art. I of the State 82 Constitution. 83 (6) This section is subject to the Open Government Sunset 84 Review Act in accordance with s. 119.15 and shall stand repealed 85 on October 2, 2022, unless reviewed and saved from repeal 86 through reenactment by the Legislature. 87 Section 2. The Legislature finds that it is a public 88 necessity that those portions of a campus emergency response 89 plan of a public postsecondary educational institution held by a 90 custodial agency be exempt from s. 119.07(1), Florida Statutes, 91 and s. 24(a), Article I of the State Constitution. The 92 Legislature also finds that it is a public necessity that any 93 portion of a public meeting which would reveal information 94 related to a campus emergency response plan be made exempt from 95 s. 286.011, Florida Statutes, and s. 24(b), Article I of the 96 State Constitution. A campus emergency response affects the 97 health and safety of the students, faculty, staff, and the 98 public at large. If campus emergency response plans were made 99 publicly available for inspection or copying, they could be used 100 to hamper or disable a campus emergency response. If a campus 101 emergency response were hampered or disabled, an increase in the 102 number of Floridians subjected to fatal injury would occur. 103 There is ample existing evidence of the capabilities of 104 terrorists and other criminals to plot, plan, and coordinate 105 complicated acts of terror and violence on university and 106 college campuses all over the country. The aftermath of these 107 events has also shown the importance of viable campus emergency 108 response plans by which public postsecondary educational 109 institutions can respond to terrorist attacks and other public 110 safety crises or emergencies. 111 Section 3. This act shall take effect July 1, 2017.